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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Personal Injury for New York on
Q: Can I sue the Red Cross for atrial puncture injury caused during blood donation?

After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 26, 2023

Sorry to hear what you've been through. As my colleague correctly advised, to have a viable case against the American Red Cross, you'd have to demonstrate that the manner in which it drew blood fell below the accepted standard of care and that such deviation caused you injury. An atrial... View More

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 19, 2023

Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More

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1 Answer | Asked in Car Accidents for New York on
Q: The towing company charged me $5750 when my car crashed.The towing location is located 7miles from the location.
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 12, 2023

It sounds like you're being overcharged. Ask for an explanation of why the bill is so high. You can also file a complaint with 311 about the towing company and that it is overcharging customers. There are laws in NYC that require towing companies to be licensed and which limit what they can... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 12, 2023

If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 7, 2023

Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

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1 Answer | Asked in Personal Injury for New York on
Q: I fell on a homeowner’s property last year in the Bronx. I gave the case to an attorney who advised they can’t find insu

They can’t find the insurance company for the homeowners and she was served twice but never responded!

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

It is possible that the homeowner did not have liability insurance. In which case getting a recovery is going to be exceedingly difficult as you will have to pursue the owner's personal assets. Best to speak with your attorney about what steps he or she wishes to take next, such as moving... View More

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If a car hit me from the side from behind, who is at fault?

I got into an accident in Brooklyn, NY about a year ago. I was merging lanes for an exit and the guy behind me was texting. Even though it was all very slow motion, his SUV pushed into the rear left side of my car (behind the passenger seat area, near the gas tank) causing quite a bit of damage. At... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Under New York Vehicle and Traffic Law § 1129, the driver of a motor vehicle is not supposed to follow another vehicle more closely than is reasonable and prudent under the circumstances. Generally speaking, the vehicle which strikes another vehicle from behind is at fault. On the other hand, a... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Hi. I traveled to New Jersey for a hip injection from upstate NY and I am curious about legal action.

I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A cyclist ran into me and got hurt but he was speeding and I looked twice before turning who is liable ?

I looked twice before turning both ways and no vehicle was there and I turned and the cyclist came out of no where and hit my front left side and my bumper fell off and he stated he is fine but later on I saw him with a hand brace and I tried calling him and he stated “you have to talk to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

As the vehicle making a turn, you were obligated to see what there was to be seen under the circumstances, including any appropriate cyclists, and to yield the right of way to any approaching vehicles / bicycles. That you did not see the bicycle, even after looking both ways, suggests you were not... View More

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3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

So sorry for your loss. As my colleagues correctly advised, any lawsuit on your mother's behalf can only be brought by the duly appointed representative of her estate (either the Executor if she had a will, or an Administrator if she did not). And any recovery will be determined by the... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 15, 2023

You can find many excellent attorneys who handle defamation and employment sexual harassment / discrimination cases on the JUSTIA homepage. Keep in mind that statements made in the context of your employment, even if untruthful, are generally privileged in the eyes of the law and not deemed... View More

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1 Answer | Asked in Car Accidents for New York on
Q: Will I lose my license if my ex boyfriend did a hit and run on another car and I never knew
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 9, 2023

No, you will not lose your license. Your boyfriend was the one operating your motor vehicle and would bear the consequences of leaving the scene. That said, if he was driving your vehicle with your permission and consent, you would be responsible for any harm he caused, e.g., property damage,... View More

1 Answer | Asked in Car Accidents and Municipal Law for New York on
Q: Can a towing hold your vehicle without your authorization? Non licensed motorist hit my car and the PO had it towed. NYS
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

If your vehicle was damaged as a result of the crash and was not drivable afterwards, then the police would certainly be authorized to tow it. It will remain impounded until such time as you pay the towing fee. Here's something I found online which you might find helpful,... View More

3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

As my colleagues correctly advised, this incident sounds more like negligence than assault (which requires an element of intent). Report the matter to your insurance carrier and let them handle it. No real damage does not mean the restaurant did not sustain any damage for which you would be... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 4, 2023

Sorry to hear that you're still experiencing the after-effects of the crash. Unfortunately, the statute of limitations in New York is only three (3) years from the date of the incident. Which means your time in which to file a lawsuit expired a long, long time ago (assuming your prior... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 25, 2023

The goods and services giving rise to your claim for unclaimed money are arguably irrelevant. Nor will the Office of the New York State Comptroller have such information. If you are entitled to the money, put in a claim for it. Here's something I found online which you might find helpful,... View More

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1 Answer | Asked in Personal Injury and Landlord - Tenant for New York on
Q: How do I go about sue my neighbor for endangering my son

My son was attacked on the stairwell of my babysitter home

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 18, 2023

So sorry to hear what happened to your son. I'm assuming your son was attacked by someone other than the babysitter. If that's the case, you'd need to demonstrate that the attack was foreseeable and could have been prevented with reasonable security measures. A sudden, unforeseen... View More

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